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examined sales. Upon completion of 751(a)(1) and 777(i)(1) of the Tariff Act Extension of Time Limits for this review, where the assessment rate and 19 CFR 351.221(b)(4). Preliminary Results is above de minimis (i.e., at or above Dated: February 28, 2006. The Department requires additional 0.50 percent) the Department will David M. Spooner, time to review, analyze, and verify the instruct CBP to assess duties on all Assistant Secretary for Import sales and cost information submitted by entries of subject merchandise by that Administration. the parties in this administrative review. importer. See 19 CFR 351.106(c)(1). [FR Doc. E6–3173 Filed 3–6–06; 8:45 am] Moreover, the Department requires Cash Deposit Requirements BILLING CODE 3510–DS–S additional time to analyze complex issues related to produce and supplier The following deposit requirements relationships, issues additional will be effective upon completion of the DEPARTMENT OF COMMERCE supplemental questionnaires and fully final results of this administrative analyze the responses. Thus, it is not review for all shipments of flanges from International Trade Administration practicable to complete this review India entered, or withdrawn from within the original time limit (i.e., April warehouse, for consumption on or after [A–337–806] 2, 2006). Therefore, the Department is the publication date of the final results extending the time limit for completion of this administrative review, as Certain Individually Quick Frozen Red of the preliminary results to not later provided by section 751(a)(1) of the Raspberries From Chile: Notice of than June 13, 2006, in accordance with Tariff Act: (1) the cash deposit rates for Extension of Time Limit for 2004–2005 section 751(a)(3)(A) of the Act. the reviewed companies will be the Administration Review We are issuing and publishing this rates established in the final results of notice in accordance with sections administrative review; if the rate for a AGENCY: Import Administration, 751(a)(1) and 777(i)(1) of the Act. particular company is zero or de International Trade Administration, minimis (i.e., less than 0.50 percent), no Department of Commerce Dated: March 06, 2006. Stephen J. Claeys, cash deposit will be required for that EFFECTIVE DATE: March 7, 2006. Deputy Assistant Secretary for Import company; (2) for manufacturers or FOR FURTHER INFORMATION CONTACT: exporters not covered in this review, but Administration. Devta Ohri or Andrew McAllister, AD/ [FR Doc. 06–2140 Filed 3–6–06; 8:45 am] covered in the original less–than-fair– CVD Operations, Office 1 Import value investigation or a previous review, Administration, International Trade BILLING CODE 3510–DS–M the cash deposit will continue to be the Administration, U.S. Department of most recent rate published in the final Commerce, 14 Street and Constitution DEPARTMENT OF COMMERCE determination or final results for which Avenue, NW., Washington, DC 20230; the manufacturer or exporter received a telephone (202) 482–3853 or (202) 482– International Trade Administration company–specific rate; (3) if the 1174, respectively. exporter is not a firm covered in this A–427–818 review, a prior review or the original Statutory Time Limits Low Enriched Uranium from France: investigation, but the manufacturer is, Section 751(a)(3)(A) of the Tariff Act the cash deposit rate will be that Preliminary Results of Antidumping of 1930, as amended (‘‘the Act’’), Duty Administrative Review established for the most recent period requires the Department of Commerce for that manufacturer of the (‘‘Department’’) to issue the preliminary AGENCY: Import Administration, merchandise; and (4) if neither the results of an administrative review International Trade Administration, exporter nor the manufacturer is a firm within 245 days after the last day of the U.S. Department of Commerce. covered in this or any previous reviews, anniversary month of an order for which SUMMARY: The Department of Commerce the cash deposit rate will be 162.14 a review is requested and a final (the Department) is conducting an percent, the ‘‘all others’’ rate established determination within 120 days after the administrative review of the in the LTFV investigation. See date on which the preliminary results antidumping duty order on Low Amended Final Determination. These are published. If it is not practicable to Enriched Uranium (LEU) from France in deposit requirements, when imposed, complete the review within the time response to requests by USEC Inc. and shall remain in effect until publication period, section 751(a)(3)(A) of the Act the United States Enrichment of the final results of the next allows the Department to extend these Corporation (collectively, petitioners) administrative review. deadlines to a maximum of 365 days and by Eurodif, S.A.(Eurodif), Notification to Interested Parties and 180 days, respectively. Compagnie Ge´ne´rale Des Matie`res Nucle´aires (COGEMA) and COGEMA, Background This notice also serves as a Inc. (collectively, Eurodif/COGEMA or preliminary reminder to importers of On August 29, 2005, the Department the respondent). This review covers their responsibility under 19 CFR published in the Federal Register a sales of subject merchandise to the 351.402(f) to file a certificate regarding notice of initiation of administrative United States during the period the reimbursement of antidumping review of the antidumping duty order February 1, 2004 through January 31, duties prior to liquidation of the on individually quick frozen red 2005. relevant entries during this review raspberries from Chile, covering the We preliminarily determine that U.S. period. Failure to comply with this period July 1, 2004, through June 30, sales have been made below normal requirement could result in the 2005. See Initiation of Antidumping and value (NV). If these preliminary results Secretary’s presumption that Countervailing Duty Administrative are adopted in our final results, we will reimbursement of antidumping duties Reviews and Requests for Revocation in instruct U.S. Customs and Border occurred and the subsequent assessment Part 70 FR 51009 (August 29, 2005). The Protection (CBP) to assess antidumping of double antidumping duties. preliminary results for this duties based on the difference between We are issuing and publishing this administration review are currently due the constructed export price (CEP) and notice in accordance with sections no later than April 2, 2006. the NV. Interested parties are invited to

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1 comment on these preliminary results. issued a questionnaire to obtain EdF’s uranium dioxide (UO2) and/or See the Preliminary Results of Review COP for electricity on the same date and fabrication into fuel assemblies so long section of this notice. received a timely response on February as the uranium dioxide and/or fuel EFFECTIVE DATE: March 7, 2006. 6, 2006. For purposes of these assemblies deemed to incorporate such FOR FURTHER INFORMATION CONTACT: preliminary results the Department has imported LEU (i) remain in the Mark Hoadley or Myrna Lobo, AD/CVD used the information reported for EdF. possession and control of the U.S. Operations, Office 6, Import However, the Department may solicit fabricator, the foreign end–user, or their Administration, International Trade some clarifying information from designed transporter(s) while in U.S. Administration, U.S. Department of respondent regarding EdF’s COP after customs territory, and (ii) are re– Commerce, 14th Street and Constitution the issuance of the preliminary results, exported within eighteen (18) months of Avenue, NW., Washington, DC 20230; and we will take such information into entry of the LEU for consumption by the telephone: (202) 482–3148 or (202) 482– account in its cost calculation for the end–user in a nuclear reactor outside 2371, respectively. final results of this review. the United States. Such entries must be accompanied by the certifications of the SUPPLEMENTARY INFORMATION: Period of Review importer and end user. Background This review covers the period The merchandise subject to this order February 1, 2004, through January 31, is classified in the Harmonized Tariff On February 13, 2002, the Department 2005. published the antidumping duty order Schedule of the United States (HTSUS) on LEU from France in the Federal Scope of the Order at subheading 2844.20.0020. Subject merchandise may also enter under Register (67 FR 6680). On February 1, The product covered by this order is 2844.20.0030, 2844.20.0050, and 2005, the Department published a notice all low enriched uranium. LEU is 2844.40.00. Although the HTSUS of opportunity to request an enriched uranium hexafluoride (UF6) administrative review of this order (70 with a U235 product assay of less than subheadings are provided for FR 5136). On February 1, 2005 and 20 percent that has not been converted convenience and customs purposes, the February 25, 2005, the Department into another chemical form, such as written description of the merchandise is dispositive. received timely requests for review from UO2, or fabricated into nuclear fuel Eurodif/COGEMA and from petitioners, assemblies, regardless of the means by Analysis respectively. On March 23, 2005, we which the LEU is produced (including Home Market Viability published a notice initiating an LEU produced through the down– administrative review of the blending of highly enriched uranium). In accordance with sections antidumping order on LEU from France Certain merchandise is outside the 773(a)(1)(B) and (C) of the Tariff Act of covering one respondent, Eurodif/ scope of this order. Specifically, this 1930, as amended (the Act), to COGEMA. See Initiation of order does not cover enriched uranium determine whether there was a Antidumping and Countervailing Duty hexafluoride with a U235 assay of 20 sufficient volume of sales in the home Administrative Reviews and Requests percent or greater, also known as highly market and/or in third country markets for Revocation in Part, 70 FR 14643 enriched uranium. In addition, to serve as a viable basis for calculating (March 23, 2005). fabricated LEU is not covered by the NV, we compared Eurodif/COGEMA’s The Department issued its original scope of this order. For purposes of this volume of home market sales of the questionnaire, sections A through C, on order, fabricated uranium is defined as foreign like product to the volume of May 2, 2005, and received timely enriched uranium dioxide (UO2), U.S. sales of the subject merchandise. responses. On September 29, 2005, the whether or not contained in nuclear fuel Pursuant to sections 773(a)(1)(B) and (C) Department extended the deadline for rods or assemblies. Natural uranium of the Act and section 351.404 (b) of the 235 the preliminary results of this concentrates (U3O8) with a U Department’s regulations, because antidumping duty administrative review concentration of no greater than 0.711 Eurodif/COGEMA’s home market sales until February 28, 2006. See Low percent and natural uranium were greater than five percent of the Enriched Uranium from France; concentrates converted into uranium aggregate volume of U.S. sales of the Extension of Time Limit for the hexafluoride with a U235 concentration subject merchandise, we determine the Preliminary Results of the Antidumping of no greater than 0.711 percent are not home market to be viable. However, Duty Administrative Review, 70 FR covered by the scope of this order. because all sales were to a single 58381 (October 6, 2005). On October 11, Also excluded from this order is LEU affiliated customer and the Department 2005, the Department issued a section D owned by a foreign utility end–user and was unable to confirm these sales to be and supplemental sections A through C imported into the United States by or for at arm’s length, we have used questionnaire and received timely such end–user solely for purposes of constructed value (CV) as NV, for responses, after granting deadline conversion by a U.S. fabricator into purposes of these preliminary results. extensions, on December 8, 2005. The We have consistently used CV as the Department issued further supplemental 1 Section A of the questionnaire requests general basis for NV in past segments of this questionnaires on January 12, 2006 and information concerning a company’s corporate proceeding, see, e.g. Notice of structure and business practices, the merchandise February 3, 2006 and received timely under investigation that it sells, and the manner in Preliminary Results of Antidumping responses. which it sells that merchandise in all of its markets. Duty Administrative Review: Low On January 25, 2006, pursuant to an Section B requests a complete listing of all home Enriched Uranium from France, 69 FR allegation filed by petitioners, the market sales, or, if the home market is not viable, 3883 (January 27, 2004). Department initiated an investigation to of sales in the most appropriate third-country market (this section is not applicable to respondents Fair Value Comparisons determine whether Eurodif/COGEMA’s in non-market economy (NME) cases). Section C purchases of electricity from E´ lectricite´ requests a complete listing of U.S. sales. Section D To determine whether sales of LEU de France (EdF), an affiliated supplier, requests information on the cost of production from France were made in the United (COP) of the foreign like product and the during the period of review (POR), were constructed value (CV) of the merchandise under States at less–than-fair value (LTFV), we made at prices below the cost of investigation. Section E requests information on compared the CEP to CV, as described production (COP). The Department also further manufacturing. in the Constructed Export Price and

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Calculation of Normal Value Based on prices to the first unaffiliated customer selling expenses, we used information Constructed Value sections of this in the United States. For all sales on indirect selling expenses in third notice. In accordance with section involving payments on a SWU basis, we countries provided in the questionnaire 777A(d)(2) of the Act, we calculated translated the prices to an LEU basis, as response. Where appropriate, we made CEPs and compared them to CV. indicated above, by adding a value for circumstance of sale (COS) adjustments We note that during the POR, the the uranium feedstock used in the to CV, in accordance with section respondent sold LEU in the United production of the LEU. This value was 773(a)(8) of the Act and section 351.410 States pursuant to contracts in which derived from the respondent’s reported of the Department’s regulations. the respondent undertook to entered value of feed, which was based Electricity is considered a major input manufacture and deliver LEU for a cash on publicly available information used in the production of LEU. Eurodif payment covering only the value of the for customs entry purposes. We made obtained electricity from its affiliated enrichment component; for the natural deductions from the starting price, net supplier, EdF. On December 19, 2005, uranium feedstock component, the of discounts, for movement expenses petitioners alleged that Eurodif respondent received an amount of (foreign and U.S. movement expenses, purchased electricity from EdF at prices natural uranium equivalent to the expenses associated with shipment of less than the affiliated suppliers’ COP amount used to produce the LEU sample assays, and movement of during the POR. After reviewing shipped under contracts referred to as customer feed from North America to petitioners’ major input allegation, the separative work unit (SWU)2 contracts. France, marine insurance, merchandise Department determined that it provided However, the product manufactured and processing and U.S. harbor maintenance a reasonable basis on which to initiate delivered by the respondent was LEU. fees, and brokerage) in accordance with an investigation of Eurodif’s purchases For purposes of our antidumping section 772(c)(2) of the Act and section of electricity from EdF. See analysis, we have translated prices and 351.401(e) of the Department’s Memorandum from Mark Hoadley to costs involved in SWU contracts into an regulations. In addition, in accordance Barbara E. Tillman, Director, Office 6, LEU basis, increasing those values to with section 772(d)(1) of the Act, we ‘‘Antidumping Duty Administrative account for the cost of the uranium also deducted credit expenses and Review of Low Enriched Uranium from feedstock involved. These adjustments indirect selling expenses, including France (2/1/04–1/31/05), Petitioners’ are described in greater detail below. inventory carrying costs, incurred in the Allegation of Purchases of a Major Input United States and France and associated From Electricite´ de France (EdF), an Constructed Export Price with economic activities in the United Affiliated Party, at Prices Below the In accordance with section 772(b) of States. Affiliated Party’s Cost of Production,’’ the Act, CEP is the price at which the Furthermore, in accordance with dated January 25, 2006. sections 772(d)(3) and 772(f) of the Act, Section 773(f)(3) of the Act states that subject merchandise is first sold (or { } agreed to be sold) in the United States we made a deduction for CEP profit. ‘‘ i f, in the case of a transaction before or after the date of importation by The CEP profit rate is normally between affiliated persons involving the or for the account of the producer or calculated on the basis of total revenue production by one of such persons of a exporter of such merchandise, or by a and total expenses related to sales in the major input to the merchandise, the seller affiliated with the producer or comparison market and the U.S. market. administering authority has reasonable exporter, to a purchaser not affiliated In this case, all home market sales were grounds to believe or suspect that an with the producer or exporter. During to an affiliate; consequently, we based amount represented as the value of such the POR, Eurodif/COGEMA’s U.S. sales CEP profit on the costs and revenues input is less than the cost of production were made to its U.S. affiliate, COGEMA reported for AREVA’s front end of such input, then the administering authority may determine the value of Inc., which then resold the merchandise division, which is COGEMA’s parent the major input on the basis of the to unaffiliated customers. Therefore, company and represents the highest information available regarding such Eurodif/COGEMA classified all of its level of consolidation for Eurodif. See cost of production, if such cost is greater U.S. export sales of LEU as CEP sales. CV section below and Memorandum to than the amount that would be As stated in section 351.401(i) of the the File from Mark Hoadley and Myrna determined for such input under Department’s regulations, the Lobo, ‘‘Analysis of Eurodif/COGEMA paragraph (2).’’ In applying the major Department will use the respondent’s for the Preliminary Results of the Third Administrative Review of Low Enriched input rule under section 351.407(b) of invoice date as the date of sale unless Uranium (LEU) from France,’’ dated the Department’s regulations, the another date better reflects the date February 28, 2006 (Prelim Analysis Department will normally compare the upon which the exporter or producer Memo). transfer price between affiliates to the establishes the material terms of sale. In market price for the input to ensure that this review, we find that the material Calculation of Normal Value Based on the transfer price is at least reflective of terms of sale are established by the Constructed Value the market price. For major inputs, the contract between COGEMA Inc. and the Section 773(e) of the Act provides that Department then compares the transfer U.S. customer. Therefore, as in prior CV shall be based on the sum of the price and the market price to the COP reviews, we have used the contract date costs of materials and fabrication of the to ensure that the transfer price charged as the date of sale. See Notice of Final foreign like product, plus amounts for recovers the producer’s costs of Results of Antidumping Duty selling, general, and administrative production. We evaluated the affiliated Administrative Review: Low Enriched expenses (SG&A), profit, and U.S. supplier’s reported electricity COP Uranium from France, 70 FR 54359 packing costs. In accordance with accordingly. (September 14, 2005). section 773(e)(2)(B)(iii) of the Act, we On January 25, 2006, the Department The Department calculated CEP for based general and administrative (G&A) solicited information from the Eurodif/COGEMA based on packed expenses on amounts derived from respondent regarding the calculation of Eurodif’s financial statements. In our EdF’s COP. Based on the response 2 A SWU is a unit of measurement of the effort required to separate the U235 and U238 atoms in calculation of the interest expense, we received on February 6, 2006, we have uranium feed in order to create a final product based financial expenses on the calculated the average cost of electricity richer in U235 atoms. financial statements of AREVA. For for EdF. For details on calculations of

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EdF’s cost of electricity see Prelim Department’s regulations based on rates performed in connection with these Analysis Memo. Because the calculated certified by the Federal Reserve Bank. preliminary results within five days COP for electricity exceeded the transfer after the date of publication of this Preliminary Results of Review price Eurodif paid to EdF for the notice. Pursuant to section 351.309 of electricity purchased, we calculated CV We preliminarily determine that the the Department’s regulations, interested based on EdF’s COP for electricity, in following dumping margin exists: parties may submit written comments in accordance with section 773(f)(3) of the response to these preliminary results. Act. Manufacturer/Exporter Margin (percent) Unless extended by the Department, In addition, the Department requested Eurodif/COGEMA ...... 7.70 case briefs are to be submitted within 30 that Eurodif/COGEMA provide details days after the date of publication of this on certain research and development Duty Assessment notice, and rebuttal briefs, limited to (R&D) projects undertaken by its arguments raised in case briefs, are to be affiliate, the Commissariat a` l’Energie The Department shall determine, and submitted no later than five days after Atomique (CEA). Because Eurodif/ CBP shall assess, antidumping duties on the time limit for filing case briefs. COGEMA did not provide the requested all appropriate entries. Pursuant to Parties who submit arguments in this information and the Department does section 351.212(b) of the Department’s proceeding are requested to submit with not have any data on the record regulations, the Department calculates the argument: (1) a statement of the regarding CEA’s R&D expenditures, we an assessment rate for each importer of issues, and (2) a brief summary of the must rely on secondary information. As the subject merchandise for each argument. Case and rebuttal briefs must facts available and pursuant to sections respondent. Liquidation of the entries of be served on interested parties in 776(a) and (c) of the Act, we are relying LEU under review remains enjoined; accordance with section 351.303(f) of on USEC’s R&D expenditures on however, if the injunction is lifted, the the Department’s regulations. centrifuge technology as a surrogate for Department will promptly issue Also, pursuant to section 351.310 (c) CEA’s R&D expenditure because it is the appropriate assessment instructions of the Department’s regulations, within only information on the record relating directly to CBP. 30 days of the date of publication of this to R&D. Section 776(c) of the Act Cash Deposit Requirements notice, interested parties may request a provides that the Department shall, to public hearing on arguments raised in the extent practicable, corroborate The following cash deposit rates will the case and rebuttal briefs. Unless the secondary information used for facts be effective with respect to all Secretary specifies otherwise, the available by reviewing independent shipments of LEU from France entered, hearing, if requested, will be held two sources reasonably at its disposal. The or withdrawn from warehouse, for Statement of Administrative Action consumption on or after the publication days after the date for submission of accompanying the Uruguay Round date of the final results, as provided for rebuttal briefs. Parties will be notified of Agreements Act, H.R. Doc. 103–316 by section 751(a)(1) of the Act: (1) For the time and location. (SAA), at 870 (1994), explains that the Eurodif/COGEMA, the cash deposit rate The Department will publish the final word ‘‘corroborate’’ means that the will be the rate established in the final results of this administrative review, Department will satisfy itself that the results of this review; (2) for previously including the results of its analysis of secondary information to be used has reviewed or investigated companies not issues raised in any case or rebuttal probative value. Because USEC’s R&D listed above, the cash deposit rate will brief, no later than 120 days after appears to be for the very same be the company–specific rate publication of these preliminary results, technology and it is conducted by a established for the most recent period; unless extended. See section 351.213(h) company in the same industry, we (3) if the exporter is not a firm covered of the Department’s regulations. in this review, a prior review, or the consider the information relevant and Notification to Importers corroborated. We have therefore added LTFV investigation, but the an amount for R&D based on an average manufacturer is, the cash deposit rate This notice serves as a preliminary of USEC’s costs over five years as done will be the rate established for the most reminder to importers of their in the previous review. See Issues and recent period for the manufacturer of responsibility under section 351.402(f) Decision Memorandum for Final Results the subject merchandise; and (4) if of the Department’s regulations to file a of the Administrative Review of the neither the exporter nor the certificate regarding the reimbursement Antidumping Duty Order on Low manufacturer is a firm covered by this of antidumping duties prior to Enriched Uranium from France (2003– review, a prior review, or the LTFV liquidation of the relevant entries 2004) dated September 6, 2005, at investigation, the cash deposit rate shall during this review period. Failure to Comment 7. be the ‘‘all other’’ rate established in the comply with this requirement could In addition to the adjustments LTFV investigation, which is 19.95 result in the Secretary’s presumption described above, in calculating CV we percent. See Notice of Amended Final that reimbursement of antidumping recalculated the reported defluorination Determination of Sales at Less Than duties occurred and the subsequent cost. For a full discussion of the Fair Value and Antidumping Duty assessment of double antidumping adjustments in calculating CV see Order: Low Enriched Uranium from duties. Prelim Analysis Memo. France, 67 FR 6680 (February 13, 2002). This administrative review and notice We calculated profit in accordance These deposit rates, when imposed, are issued and published in accordance with section 773(e)(2)(B)(iii) of the Act shall remain in effect until publication with sections 751(a)(1) and 777(i)(1) of as explained in the SAA at 841. We of the final results of the next the Act. used a CV profit rate based on AREVA’s administrative review. Dated: February 28, 2006. front end division as reported by Public Comment respondent. See Prelim Analysis Memo. David M. Spooner, Pursuant to section 351.224(b) of the Assistant Secretary for Import Currency Conversion Department’s regulations, the Administration. We made currency conversions Department will disclose to parties to [FR Doc. E6–3176 Filed 3–6–06; 8:45 am] pursuant to section 351.415 of the the proceeding any calculations BILLING CODE 3510–DS–S

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